Byrdsong et al v. A&E Television Networks LLC et al
| Bobby Lee Self, Cayla Martin, Tevin Traeion Spears, Michael D Jackson, Michael Green, Christopher Gibbs, Officer Jason Davis, Kristopher Fricks, Mario Moreno, Brad Blakely, Tracie Sherrill, Chauncey Kynard, Jimmy Studdard, Delandis Taylor, David Wayne Jones, Angela Totten, Joseph Waters, Melissa Barron, Jessica McCurdy, Derrick Garrett, Gabriel Byrdsong, Christopher Byers, Kelli Garrard, Mickey Busby, II, Brandon McMilliam, Jonathan Wise, David Martin, Briana Horton, Robert Baise, Johnny Johnson, John Myer, Jonathan Weaver, Demarcus Sharp, Dresean Payne, Mason Scott Hall, Mark Salmon, Lori Sims, Joshua Gargus, Donna Crane, Christopher Minton, Tasha Moore, Mark Battles, James W Pearson, Gary Christian, William Chapman, Jamal Townsend, Lagerald Malone, Jermone Williams and Jason Davis |
| Broadleaf Productions LLC, David Granger-Smith, Paul Buccieri, Keith Peek, Robert Debitetto and A&E Television Networks LLC |
| 4:2021cv00607 |
| April 28, 2021 |
| U.S. District Court for the Northern District of Alabama |
| Corey L Maze |
| Assault Libel & Slander |
| 28 U.S.C. § 1441 Petition for Removal Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
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Filing 57
ORDER - The Plaintiffs sued A&E Television Networks LLC ("A&E") and Broadleaf Productions LLC ("Broadleaf") (collectively, "the Defendants"). (Doc. #39 ). The Defendants asked the court to dismiss the Plaintiffs' Second Amended Complaint. For the reasons stated in the memorandum opinion filed contemporaneously herewith, the court GRANTS the Defendants' motion to dismiss the Plaintiffs' Second Amended Complaint. (Doc. #45 ). The court DISMISSES the case WITH PREJUDICE. Costs taxed against the Plaintiffs. Signed by Judge Corey L Maze on 5/31/2022. (KEK)
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Filing 56
MEMORANDUM OPINION - For the reasons stated above, the court will GRANT the Defendants' motion to dismiss the Plaintiffs' Second Amended Complaint. (Doc. #45 ). Because the court previously gave the Plaintiffs the chance to cure their pleading deficiencies (doc. #34 ), the court will DISMISS the Plaintiffs' claims WITH PREJUDICE. The court will enter a separate order that carries out this ruling. Signed by Judge Corey L Maze on 5/31/2022. (KEK)
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Filing 55
ORDER OF DISMISSAL - The court acknowledges receipt of the parties' joint stipulation of dismissal filed on April 28, 2022. (Doc. #54 ). The following plaintiffs' claims are DISMISSED with PREJUDICE, each party to bear their own costs: (1) Jessica McCurdy; (2) David Jones; (3) Gary Christian; (4) Chauncey Kynard; and (5) Mark Battles. The remaining plaintiffs' claims remain pending. Signed by Judge Corey L Maze on 4/29/2022. (KEK)
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Filing 54
STIPULATION of Dismissal by A&E Television Networks LLC, Broadleaf Productions LLC. filed by A&E Television Networks LLC, Broadleaf Productions LLC (Winne, Matthew)
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Filing 53
REPLY to re #51 in Support of Defendants' Motion to Dismiss filed by A&E Television Networks LLC, Broadleaf Productions LLC. (Thompson, John)
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Filing 52
STIPULATION of Dismissal by A&E Television Networks LLC, Broadleaf Productions LLC. filed by A&E Television Networks LLC, Broadleaf Productions LLC (Winne, Matthew)
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Filing 51
RESPONSE in Opposition re #45 MOTION to Dismiss the Second Amended Complaint filed by Gabriel Byrdsong. (Garmon, Trenton)
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Filing 50
TEXT ORDER GRANTING #49 the Defendants motion for an extension of time. The Defendants may Reply to the Plaintiffs' Response to the Motion to Dismiss by April 5, 2022. Signed by Judge Corey L. Maze on 3/17/2022. (SRD)
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Filing 49
Unopposed MOTION for Extension of Time by A&E Television Networks LLC, Broadleaf Productions LLC. (Winne, Matthew)
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Filing 48
TEXT ORDER GRANTING #47 the plaintiffs' motion for extension of time. The plaintiffs shall respond by March 22, 2022 and the defendants may reply by March 29, 2022. Then the motion to dismiss will be considered under submission. Signed by Judge Corey L. Maze on 3/16/2022. (SRD)
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Filing 47
MOTION for Extension of Time of Seven (7) Days Unopposed upon Inquiry to Opposing Counsel by Gabriel Byrdsong. (Garmon, Trenton)
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Filing 46
TEXT ORDER: The Court is in receipt of #45 the defendants' motion to dismiss the plaintiffs' Second Amended Complaint. The Court hereby ORDERS the following: The plaintiffs shall respond to the motion to dismiss by March 15, 2022. The defendants may reply to the plaintiffs' response by March 22, 2022. The plaintiffs' response shall not exceed 15 pages, double-spaced in 14-point font, and the defendants' reply shall not exceed 10 pages, double-spaced in 14-point font. The motion to dismiss will then be considered under submission. Signed by Judge Corey L Maze on 3/2/2022. (KEK)
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Set/Reset Deadlines as to #45 MOTION to Dismiss the Second Amended Complaint. Responses due by 3/15/2022; Replies due by 3/22/2022. (KEK)
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Filing 45
MOTION to Dismiss the Second Amended Complaint by A&E Television Networks LLC, Broadleaf Productions LLC. (Attachments: #1 Affidavit Declaration of Sharon L. Schneier in Support of Defendants' Motion to Dismiss the Second Amended Complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 3-A, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11)(Thompson, John)
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Filing 44
TEXT ORDER GRANTING #41 the defendants' motion for extension of time and expansion of the page limitation governing Rule 12 motions. The defendants shall respond to the plaintiffs' third amended complaint by March 1, 2022. Their response shall not exceed 30 pages, double-spaced in 14-point font.Signed by Judge Corey L. Maze on 1/21/2022. (SRD)
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Filing 43
RESPONSE to re #34 Memorandum Opinion Regarding Current Case Law Philosophical Presumption filed by Gabriel Byrdsong. (Garmon, Trenton)
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Filing 42
RESPONSE to Motion re #41 MOTION for Extension of Time and Expansion of Page Limitation Governing Rule 12 Motions filed by Gabriel Byrdsong. (Garmon, Trenton)
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Filing 41
MOTION for Extension of Time and Expansion of Page Limitation Governing Rule 12 Motions by A&E Television Networks LLC, Broadleaf Productions LLC. (Winne, Matthew)
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Filing 40
ORDER Defendants Paul Buccieri, Robert Debitetto, David Granger Smith, and Keith Peek are DISMISSED without prejudice. Signed by Judge Corey L. Maze on 1/18/2022. (SRD)
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Filing 39
AMENDED COMPLAINT against A&E Television Networks LLC, Broadleaf Productions LLC, filed by Gabriel Byrdsong.(Garmon, Trenton)
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Filing 38
RESPONSE to re #37 (JOINT RESPONSE TO SHOW CAUSE ORDER) filed by A&E Television Networks LLC, Broadleaf Productions LLC. (Winne, Matthew)
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Filing 37
ORDER - The complaint establishes that all plaintiffs are residents of Alabama. The complaint also establishes that Defendant Keith Peek is a resident of Alabama. Because there is not complete diversity among all plaintiffs and all defendants, the parties are ORDERED to show cause in writing by January 21, 2022 why this court should not dismiss this action for lack of subject-matter jurisdiction. Signed by Judge Corey L Maze on 1/13/2022. (KEK)
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Filing 36
AMENDED COMPLAINT against A&E Television Networks LLC, Broadleaf Productions LLC, filed by Gabriel Byrdsong.(Garmon, Trenton)
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Filing 35
ORDER For the reasons stated in the memorandum opinion, the defendant's #26 MOTION to Dismiss the plaintiffs' first amended complaint (doc. #22 ). The plaintiffs may file an amended complaint that complies with the Federal Rules of Civil Procedure and Eleventh Circuit precedent by January 10, 2022. Signed by Judge Corey L. Maze on 12/21/2021. (SRD)
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Filing 34
MEMORANDUM OPINION. Signed by Judge Corey L. Maze on 12/21/2021. (SRD)
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Filing 33
RESPONSE in Support re #26 MOTION to Dismiss filed by A&E Television Networks LLC, Broadleaf Productions LLC. (Thompson, John)
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Filing 32
TEXT ORDER The Court hereby GRANTS #31 Defendants' motion for extension of time. Defendants' reply is now due on August 11, 2021. Signed by Judge Corey L. Maze on 7/28/2021. (SRD)
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Filing 31
Unopposed MOTION for Extension of Time to File Response/Reply -Defendants' Motion for Briefing Schedule by A&E Television Networks LLC, Broadleaf Productions LLC. (Thompson, John)
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Filing 30
RESPONSE to re #28 Order to Show Cause filed by Gabriel Byrdsong. (Garmon, Trenton)
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Filing 29
RESPONSE in Opposition re #26 MOTION to Dismiss Opposing Dismissal of Defendant A&E and Defendant Broadleaf while Stipulating to Dismissal of Defendant Buccieri and Debitetto filed by Gabriel Byrdsong. (Garmon, Trenton)
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Filing 28
ORDER TO SHOW CAUSE The court ORDERS Plaintiff to show good cause in writing by Monday, July 26, 2021 why Defendants' motion should not be granted. Signed by Judge Corey L. Maze on 7/21/2021. (SRD)
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Filing 27
TEXT ORDER The Court is in receipt of #26 Defendants' motion to dismiss. Plaintiff is ORDERED to file a response to the motion by July 13, 2021, which is not to exceed 25 pages. Defendant then has until July 20, 2021 to file a reply, if any, which is not to exceed 15 pages. Signed by Judge Corey L. Maze on 6/29/2021. (SRD)
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Filing 26
MOTION to Dismiss by A&E Television Networks LLC, Broadleaf Productions LLC, Paul Buccieri, David Granger-Smith. (Attachments: #1 Affidavit Declaration of Paul Buccieri, #2 Affidavit Declaration of David Grranville-Smith, #3 Affidavit Declaration of Sharon Schneier - Part 1, #4 Affidavit Declaration of Sharon Schneier - Part 2, #5 Affidavit Declaration of Sharon Schneier - Part 3, #6 Affidavit Declaration of Sharon Schneier - Part 4, #7 Affidavit Declaration of Sharon Schneier - Part 5)(Thompson, John)
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Filing 25
TEXT ORDER: the Court GRANTS Defendants' Motion for Expansion of Page Limitation Governing Rule 12 Motions #24 . Signed by Judge Corey L. Maze on 6/23/2021. (SRD)
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Filing 24
MOTION for Leave to File Excess Pages by A&E Television Networks LLC, Broadleaf Productions LLC, Paul Buccieri, David Granger-Smith. (Thompson, John)
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Filing 23
ORDER Because Plaintiffs no longer bring claims against either Robert Debitetto or Keith Peek, the court DIRECTS the Clerk to terminate Robert Debitetto and Keith Peek as defendants. The court DENIES as MOOT Keith Peek's motion to dismiss and A&E Television Networks LLC, Broadleaf Productions LLC, Paul Buccieri, Robert Debitetto, and David Granger-Smiths motion to dismiss. Doc. #8 , #15 . Signed by Judge Corey L. Maze on 5/27/2021. (SRD)
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Filing 22
AMENDED COMPLAINT - First Amended Complaint against A&E Television Networks LLC, filed by Gabriel Byrdsong.(Garmon, Trenton)
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Filing 21
RESPONSE to Motion re #15 MOTION to Dismiss filed by Mickey Busby, II. (Garmon, Trenton)
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Filing 20
TEXT ORDER The Court hereby GRANTS in part #18 Plaintiff's motion for extension of time. Plaintiff now has until May 25, 2021 to file a response to Defendant Peek's motion to dismiss. Defendant Peek then has until June 1, 2021 to file a reply, if any. Until then, the court will not enter a briefing schedule on #15 the motion to dismiss by the remaining defendants. Signed by Judge Corey L. Maze on 5/18/2021. (SRD)
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Filing 19
TEXT ORDER granting #16 Motion for Leave to Appear Pro Hac VicePro Hac Vice; granting #17 Motion for Leave to Appear Pro Hac VicePro Hac Vice. Signed by Judge Corey L. Maze on 5/18/2021. (SRD)
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Filing 18
MOTION for Extension of Time to Respond with Brief to the Defendants Motion to Dismiss by Gabriel Byrdsong. (Garmon, Trenton)
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Filing 17
MOTION for Leave to Appear Pro Hac Vice of Amanda Levine by A&E Television Networks LLC, Broadleaf Productions LLC, Paul Buccieri, Robert Debitetto, David Granger-Smith. (Thompson, John)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice of Sharon Schneier by A&E Television Networks LLC, Broadleaf Productions LLC, Paul Buccieri, Robert Debitetto, David Granger-Smith. (Thompson, John)
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PHV Fee paid: $ 75, receipt number 1126-3837815 (B4601113315). (Thompson, John) Modified on 5/12/2021 (MEB2).
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PHV Fee paid: $ 75, receipt number 1126-3837806 (B4601113314). (Thompson, John) Modified on 5/12/2021 (MEB2).
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Filing 15
MOTION to Dismiss by A&E Television Networks LLC, Broadleaf Productions LLC, Paul Buccieri, Robert Debitetto, David Granger-Smith. (Attachments: #1 Exhibit A)(Thompson, John)
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Filing 14
Corporate Disclosure Statement by Keith Peek. filed by Keith Peek (Willis, Joshua)
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Filing 13
TEXT ORDER The Court hereby GRANTS #12 Defendants' motion for additional pages. Defendants may file a Rule 12 motion that cannot exceed 25 pages, double-spaced. Signed by Judge Corey L. Maze on 5/4/2021. (SRD)
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Filing 12
MOTION for Leave to File Excess Pages Defendants' Motion for Expansion of Page Limitation Governing Rule 12 Motions by A&E Television Networks LLC, Broadleaf Productions LLC, Paul Buccieri, Robert Debitetto, David Granger-Smith. (Little, Jonathan)
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Filing 11
TEXT ORDER The Court is in receipt of #8 Defendant Keith Peek's motion to dismiss. Plaintiff is ORDERED to file a response to the motion by May 17, 2021. Defendant must then file a reply, if any, by May 24, 2021. The Court will then consider the motion under submission. Plaintiff's response should be limited to 25 pages, double-spaced, while Defendant's reply should be limited to 10 pages, double-spaced. Signed by Judge Corey L. Maze on 4/29/2021. (SRD)
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Filing 10
TEXT ORDER The Court hereby DISMISSES as moot #4 Defendant Keith Peek's first motion to dismiss. Signed by Judge Corey L. Maze on 4/29/2021. (SRD)
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Filing 9
Brief re #8 MOTION to Dismiss filed by Keith Peek. (Attachments: #1 Exhibit A)(Willis, Joshua)
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Filing 8
MOTION to Dismiss by Keith Peek. (Willis, Joshua)
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Filing 7
Corporate Disclosure Statement by A&E Television Networks LLC. filed by A&E Television Networks LLC (Little, Jonathan)
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Filing 6
Corporate Disclosure Statement by Broadleaf Productions LLC. filed by Broadleaf Productions LLC (Little, Jonathan)
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Filing 5
Brief re #4 MOTION to Dismiss filed by Keith Peek. (Attachments: #1 Exhibit A)(Willis, Joshua)
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Filing 4
MOTION to Dismiss by Keith Peek. (Willis, Joshua)
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Filing 3
NOTICE by A&E Television Networks LLC, Broadleaf Productions LLC, Paul Buccieri, Robert Debitetto, David Granger-Smith of Amended Notice of Removal (Attachments: #1 Exhibit A, #2 Exhibit B)(Little, Jonathan)
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Filing 2
NOTICE of Appearance by Jonathan R Little on behalf of A&E Television Networks LLC, Broadleaf Productions LLC, Paul Buccieri, Robert Debitetto, David Granger-Smith (Little, Jonathan)
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Filing Fee: Filing fee $ 402, receipt_number 1126-3829456 (B4601112996). related document #1 NOTICE OF REMOVAL by Broadleaf Productions LLC, Robert Debitetto, David Granger-Smith, Paul Buccieri, A&E Television Networks LLC from Circuit Court of Etowah County, case number 31-CV-2021-900135.00. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(SRD). (Thompson, John) Modified on 4/29/2021 (MEB2).
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Filing 1
NOTICE OF REMOVAL by Broadleaf Productions LLC, Robert Debitetto, David Granger-Smith, Paul Buccieri, A&E Television Networks LLC from Circuit Court of Etowah County, case number 31-CV-2021-900135.00. (Attachments: #1 Exhibit A, #2 Exhibit B)(SRD)
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